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← 64 F.3d 213 - Elliott v. Tilton

Elliott v. Tilton’s Empirical Analysis

64 F.3d 213 · 1995

Citation profile

99
cited by 99 later decisions
5
states following
August 2022
most recently cited

31 federal appellate · 10 district · 5 state decisions

How this case has been cited

Cited by 99 later decisions — most recently August 2022 · most notably Ridder v. City of Springfield (1997), Barber v. Miller (1998)

31 federal appellate · 10 district · 5 state decisions

4401995200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Cooter & Gell v. Hartmarx Corp. · Chambers v. Nasco, Inc. · Roadway Express, Inc. v. Piper · State v. Simpson · Willy v. Coastal Corp.

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 99 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(c) Sanctions. If, after notice and a reasonable opportunity to respond, the court determines that subdivision (b) has been violated, the court may, subject to the conditions stated below, impose an appropriate sanction upon the attorneys, law firms, or parties that have violated subdivision (b) or are responsible for the violation. (1) How Initiated. (A) By Motion. ' A motion for sanctions under this rule shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subdivision (b). It shall be served as provided in Rule 5, but shall not be filed with or presented to the court unless, within 21 days after service of the motion (or such other period as the court may pre scribe), the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected. If warranted, the court may award to the party prevailing on the motion the reasonable expenses and attorney’s fees incurred in presenting or opposing the motion. Absent exceptional circumstances, a law firm shall be held jointly responsible for violations committed by its partners, associates, and employees, (emphasis added)”
    6 later decisions quote this exact passage · from the majority
  2. “The plain language of [Rule 11(c)(1)(A)] indicates that this notice and opportunity prior to filing is mandatory. Plaintiffs did not comply with this procedural prerequisite. Therefore, the sanction and payment of costs and attorneys' fees ordered by the district court cannot be upheld under Rule 11.”
    6 later decisions quote this exact passage · from the majority
  3. “[T]he threshold for the use of inherent power sanctions is high”
    3 later decisions quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.